What is a house?
According to Article 93 of China's Property Law, "Real estate or chattel can be owned by two or more units or individuals. * * * includes * * * and * * * with * * *. " Then the house * * * already refers to houses owned by two or more units or individuals.
What do you mean by housing?
The sharing of houses by shares means that two or more units or individuals enjoy rights and assume obligations for the same house according to their respective shares. This share does not mean that the house owned by * * * is divided into several shares, and each share has the right to a separate part, but that some people of * * * have rights and obligations to the whole house according to the share.
For example, A and B*** have four houses, each with a half share. This is not to say that Xiaohong and Xiaoming each have two rooms, but that these four rooms are equally shared by both sides.
What do you mean * * * houses are the same as * *?
Housing * * * with * * means that two or more units or individuals enjoy equal rights and obligations to the same house, regardless of share. * * * and * * * are generally based on a certain relationship. Such as: husband and wife, family and so on. All * * * people have equal rights to all houses owned by * * *, and no one may exclude other * * * people from using them.
* * * and * * and * *, what's the difference?
Sharing by share and sharing by * * * and sharing by * * * and sharing by * * * are common forms of the same house, but they are different: * * and * * * are based on the same relationship, such as the existence of family, husband and wife and other relationships is a necessary condition for * * * *. And according to a * * *, it only needs to happen according to someone's will. So the difference between the two is more manifested in the different scope of rights enjoyed.
* * * has something to do with * * *, and * * has a house but no share. Only when the relationship with * * * exists can the share of * * * be divided, and only when the relationship with * * * is terminated can it be divided. For example, A and B are husband and wife. During the relationship between husband and wife, it is not clear which part belongs to whom when buying a house. If two people divorce, they can be divided according to law. Those who own houses by shares shall enjoy rights according to their respective shares. For example, Party A and Party B own a house in shares, and it is agreed that each person has a half share, and each person has 50% rights, which will not be changed due to other factors.
What's the difference between these two ways of housing disposal?
According to Article 78 of General Principles of Civil Law and Article 108 of Property Law. According to * * * ownership, each * * * owner can freely dispose of his own share of * * * property without obtaining the consent of others, and other * * * owners only enjoy the preemptive right under the same conditions.
According to Article 97 of the Property Law. When dealing with the transfer, gift, mortgage and other parts of * * * *' s property, * * * has the right to dispose of the whole house, but it needs to obtain the consent of all * * * owners or * * * owners who account for more than two thirds of the shares. * * * and * * When someone disposes of a house, there are three ways: written consent, verbal consent and default. Therefore, if one or several * * * people deal with * * * matters with property, and other * * * people know it and don't raise any objection, it will be regarded as consent. If * * * and * * have different opinions on the disposal of real estate, they can be implemented according to the opinions of the majority, but they must not harm the interests of the minority, otherwise they can be resolved through judicial channels.
Therefore, no matter whether the house is jointly owned by shares or with * * *, the owner of the house must safeguard his legitimate rights and interests, and at the same time, he cannot damage the rights of other owners.
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